California Supreme Court
May 8, 2026
California Supreme Court rejects unaffordable bail as detention tool
For over a century, California trial courts have effectuated pretrial detention through sureties set at amounts a defendant could not pay. Kowalczyk answers two questions long reserved by the Court and holds the practice cannot continue.
Allison B. Margolin
Allison B. Margolin PLCEmail: allison@allisonmargolin.com
Allison is a founding partner of Allison B. Margolin PLC. The firm represents and advises cannabis businesses and individuals on compliance, licensing, zoning, criminal defense, and other matters at the local, state, and federal levels.
Article I, Section 12 of the California Constitution (California's right-to-bail provision) has guaranteed pretrial release on bail to most criminal defendants since 1849. Its language is unambiguous: A person "shall be released on bail by sufficient sureties," subject only to enumerated exceptions for capital crimes and certain felonies involving violence, sexual assault or threats of great bodily harm where the prosecution establishes the requisite likelihood of harm...
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